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person is not entitled to apply for an order under subsection (1) until the person has failed to

obtain compliance through using those processes. 1998, c. 19, s. 134 (2).

Contents of order


On an application, the court may, subject to subsection (4),

(a) grant the order applied for;

(b) require the persons named in the order to pay,

(i) the damages incurred by the applicant as a result of the acts of non-compliance,


(ii) the costs incurred by the applicant in obtaining the order; or

(c) grant such other relief as is fair and equitable in the circumstances. 1998, c. 19,

s. 134 (3).

Order terminating lease


The court shall not, under subsection (3), grant an order terminating a lease of a unit

for residential purposes unless the court is satisfied that,

(a) the lessee is in contravention of an order that has been made under subsection (3); or

(b) the lessee has received a notice described in subsection 87 (1) and has not paid the

amount required by that subsection. 1998, c. 19, s. 134 (4).

Addition to common expenses


If a corporation obtains an award of damages or costs in an order made against an

owner or occupier of a unit, the damages or costs, together with any additional actual costs to the

corporation in obtaining the order, shall be added to the common expenses for the unit and the

corporation may specify a time for payment by the owner of the unit. 1998, c. 19, s. 134 (5).

Oppression remedy

135. (1)

An owner, a corporation, a declarant or a mortgagee of a unit may make an

application to the Superior Court of Justice for an order under this section. 1998, c. 19, s. 135 (1);

2000, c. 26, Sched. B, s. 7 (7).

Grounds for order


On an application, if the court determines that the conduct of an owner, a corporation, a

declarant or a mortgagee of a unit is or threatens to be oppressive or unfairly prejudicial to the

applicant or unfairly disregards the interests of the applicant, it may make an order to rectify the

matter. 1998, c. 19, s. 135 (2).

Contents of order


On an application, the judge may make any order the judge deems proper including,

(a) an order prohibiting the conduct referred to in the application; and

(b) an order requiring the payment of compensation. 1998, c. 19, s. 135 (3).

Other remedies


Unless this Act specifically provides the contrary, nothing in this Act restricts the

remedies otherwise available to a person for the failure of another to perform a duty imposed by

this Act. 1998, c. 19, s. 136.